Incoming Senate President Bill Galvano told POLITICO that the ruling could lead to a rewritten law, but added that nothing will be decided with next year’s legislative session seven months away. | AP Photo

Marijuana ruling could lead to changes in 2017 law, lawmakers say

TALLAHASSEE — The Leon County Circuit Court ruling that rejected the licensing structure for medical marijuana businesses could lead to big changes to the law during next year's legislative session, according to key state lawmakers. State Sen. Jeff Brandes, (R-St. Petersburg), told POLITICO that Judge Charles Dodson’s decision to reject “vertical” licenses that require businesses to both sell and grow medical marijuana will force state lawmakers to rewrite the law they passed more than a year ago.

“I think you’re going to see a completely rewritten law,” Brandes said of the medical marijuana expansion law enacted in 2017. “You’re also going to see the medical marijuana industry become completely upended."

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“This is why I voted against it,” said Brandes, who had unsuccessfully campaigned for the use of "horizontal" licenses, which would not have required companies to both sell and grow medical cannabis.

The prospect for a rewrite of the law underscores the continuing uncertainty surrounding Florida’s medical marijuana expansion, following delays in its implementation and the departure last month of a key official involved in carrying it out.

In the ruling handed down Aug. 2, Dodson wrote that vertical licensing, which places medical cannabis cultivation, distribution and sales under one business license, restricts access to the drug. In doing so, he argued, it clashes with the 2016 constitutional amendment approved by 71.3 percent of voters, which required access to be as easy and safe as possible. Lawmakers wrote the 2017 law in the wake of the amendment’s adoption.

Incoming Senate President Bill Galvano (R-Bradenton) told POLITICO Tuesday morning that the ruling could lead to a rewritten law, but added that nothing will be decided with next year’s legislative session seven months away.

State Sen. Rob Bradley (R-Fleming Island), who sponsored the law, took issue with the ruling, and said the licensing framework has adequately served the state's rapidly growing industry.

Dodson also rejected the cap on licenses to operate what the law calls medical marijuana treatment centers, which also hinders access, he argued.

“Such limits directly undermine the clear intent of the amendment, which by its language seeks to prevent arbitrary restrictions on the number of MMTCs authorized to conduct business in the state,” Dodson wrote.

Dodson gave the state until Oct. 3 to fix the law. Any subsequent order could be sent for review by the 1st District Court of Appeal.

Medical cannabis industry lobbyist Nick Iarossi said the appellate process would leave the ruling in flux for several months, giving the Legislature time to consider any changes.

“By the time it goes through appeals court, even the Supreme Court, that could be about the time session starts, maybe afterward,” Iarossi said. “There's plenty of time to address anything.”

Dodson’s ruling was in response to a lawsuit filed in December by Tampa-based Florigrown. He denied the company’s request for a temporary injunction.

But the order was effectively an eight page instruction manual to fix the law, Florigrown CEO Adam Elend said.

“Although we didn’t succeed in our motion, our goal was to put this in front of a judge and show them what they were doing is not constitutional,” Elend said. “That’s exactly the way he ruled.”

Legal fights and vendor feuds have delayed implementation of the law by several months. Some of those issues have since been resolved, allowing the law to reach its full potential, Bradley said.

“Floridians rightfully expect to have access to safe, quality medical marijuana, and also expect that the product be regulated properly like any other medicine,” he said. The law "accomplishes both goals.”